Case law

BOGGS v. BLUE CROSS BLUE SHIELD OF NORTH CAROLINA

District Court, M.D. North Carolina · Aug 19, 2024

The Plan also provided for “tetrospective/post-service reviews” in, among other things, situations where review was necessary “to see if services received in an EMERGENCY setting qualify as an EMERGENCY,” and the … LPC Bender concluded that L.B. did not clearly need residential treatment, and therefore sent the file for further review by a physician. Dr. Candice Tate then conducted an extended review of the records. Dr.

JONES v. BMW OF NORTH AMERICA, LLC

District Court, M.D. North Carolina · Sep 25, 2020

The burden of establishing the affirmative defense rests with the defendant. Id. … publicly available at the time, that is not conclusively established by the allegations in the amended complaint.

BALOGH ASSOCIATES VII LLC v. DICK'S SPORTING GOODS, INC.

District Court, M.D. North Carolina · Sep 30, 2022

Plaintiff’s reply went on to highlight evidence establishing the parties reached an enforceable contract, that Barnett accepted the agreement, and that Barnett had authority to do accept. … “It must be presumed the parties intended what the language used clearly expresses, and the contract must be construed to mean what on its face it purports to mean.”

FREDEKING v. TRIAD AVIATION, INC.

District Court, M.D. North Carolina · Dec 27, 2022

Legal Standard Federal Rule of Evidence 702 provides: A witness who is qualified as an expert by knowledge, skill, experience … First, they argue that Plaintiff does not establish that Defendants caused the alleged overspeed event, so all of Plaintiff’s claims should be dismissed. (See Defs.’ Summ. J. Br.

OPTOLUM INC. v. CREE INC.

District Court, M.D. North Carolina · Sep 28, 2020

Feb. 16, 2001) (noting that the “[c]ourt knows of no authority establishing a right to file a surreply”). … In order to satisfy the written description requirement, the written description must “clearly allow persons of ordinary skill in the art [a Person of Skill in the Art (“POSA”)] to recognize

ALTRIA CLIENT SERVICES LLC v. R.J. REYNOLDS VAPOR COMPANY

District Court, M.D. North Carolina · Jan 12, 2023

I mean, there is clearly edges. And they’re rounded edges going from one face to the next.” (Tr. 255:23-25; see also Tr. 256:1-8.) … At trial, Leinsing was qualified “as an expert in the field of mechanical engineering, product design, and industrial design.” (Tr. 524:2-3.)